Export Licenses & Controls

1.1 Introduction

Although the vast majority of exports from Ireland take place without licensing or export controls, restrictions apply to certain goods which may be shipped only under licence from the relevant authority. In addition, exports that may be shipped to one country without a licence, such as dual-use goods, may require a licence to be shipped to another. The EU Common Agricultural Policy prohibits the export of certain agricultural products to countries outside the EU without a valid licence. Licenses may also be required for the export of hazardous waste, archaeological objects and works of art. Finally, trade with certain countries is forbidden or restricted in accordance with UN, EU or OSCE sanctions.

1.2 Intra-EU Trade

Shipment of the following products to other EU Member States must fulfill the relevant EC directives, as administered by the Department of Agriculture and Food:(a) carcass and animal products, including meat and meat products; (b) live animals and birds;
(i) cattle and swine;(ii) horses;(iii) live poultry and hatching eggs;(iv) sheep and goats;(v) pigeons;
© milk, heat treated (i.e. pasteurised);(d) plants and plant product, organisms and cultures harmful to plants; (e) poultry carcasses, poultry eggs, poultry and dead rabbits, wild game;(f) semen and embryos;(g) animal remedies.
Further information is available form the Department of Agriculture and Food at Cavan, Co Cavan. See Appendix 1 for details.

1.3 Exports to third countries

1.3.1 Agricultural products
The exportation of certain agricultural products to countries outside the EU without a valid licence is prohibited. The goods concerned include products covered by the common organisation of the markets, established under EC regulations. They are generally eligible for payment of export refunds under the Common Agricultural Policy (CAP). Products covered are:
•cereals;
•rice;
•beef and veal;
•sugar;
•isoglucose;
•oils and fats;
•milk and milk products;
•sheepmeat and goatmeat.

Exports of agricultural and fishery products are prohibited or restricted as follows:

(a) animal remedies (except for goods authorised in accordance with EC regulations 1988-1990);(b) endangered species of wild fauna and flora (except under permit issued by the Minister for Arts,
Heritage, Gaeltacht and the Islands).

(c) live animals (except under licence issued by the Minister for Agriculture and Food, or by general authorisation issued under
EC Regulation 1992, Irish Statutory Instrument No. 266 of 1992.

(d) pigeons (live) (except to Northern Ireland, or under licence issued by the Minister for Agriculture and Food).

(e) veterinary medical products and any substances having a growth promoting effect on animals (including hormone implants,
beta-agonist/angel dust).

(f) wild animals and wild birds, including the dead body or carcass, eggs or feathers, of protected species, except under licence from the
Minister for Arts, Heritage, Gaeltacht and the Islands. All birds are included in the definition of protected birds, except
for the carrion crows, house sparrows, jackdaws, gulls, starlings, magpies, and some others. Protected wild animals include badgers, bats, frogs, otters and squirrels. Full details should be confirmed with the Ministers office.

1.3.2 Dual-use goods
Dual-use goods are goods of a military nature (see paragraph 1.3.3), or those which could have a military or civilian use. Their export is restricted as follows:

•Military and highly sensitive dual-use goods require a licence issued by the Department of Enterprise, Trade and Innovation (DETI);
•Normal dual-use goods.

A licence is not necessary for the movement of dual-use items, which do not come within the category of highly sensitive dual-use items within the European Union. The only obligation on exporters is to indicate on the relevant commercial documents that the goods are subject to control if exported outside the European Union. Also, the endorsement of the commercial documentation should read: DUAL-USE ITEMS: SUBJECT TO CONTROL IF EXPORTED OUTSIDE OF THE EUROPEAN UNION.


1.3.2.1 Control of Exports of Dual Use Items
The export of normal dual-use goods is regulated by the Control of Exports of Dual-Use Items, which passed into law on 5 October 2000, giving full effect to EC Regulation Number 1334/2000. Information relating to the export of dual-use goods (to EEA and other exempted countries) must be provided to the DETE before the first occasion of such an export being made or subsequently within 30 days after such an export has taken place. Documents and records relating to the export of dual-use items must be kept and be available for inspection by the Minister for a period of three years from the end of the year in which the export took place.

Exports to other countries require a licence. Exports to certain countries which are subject to EU / UN sanctions are prohibited, with the exception of humanitarian goods, which require a licence. Ten broad categories of dual-use items are covered in Annex 1 to EC Council Decision 94/942:(0) nuclear materials, facilities and equipment;(1) materials, chemicals, microorganisms and toxins;(2) materials processing;(3) electronics;(4) computers;(5) telecommunications and information security;(6) sensors and lasers;(7) navigation and avionics;(8) marine;(9) propulsion systems, space vehicles and related equipment.

The export of dual-use items by intangible means (electronic media, fax and telephone) is now subject to export controls. The export of software or technology which is required for the development, production or use of the goods listed in Annex I to the EU Council Regulation is also subject to export licensing requirements. It is important to note that with the introduction of the new Council Regulation, transmission of controlled software or technology by electronic media, fax or telephone (intangible transfers) is now subject to export control.

Full information is available from the export licensing unit of the DETE.

1.3.2.2 National General Authorisation for Information Security Products
Software which is generally available is exempt from licensing. The provisions of the General Software Note, however, do not extend to generally available mass-market crypto software items. To avail of the licence exemption for mass-market crypto software and hardware products, an exporter must examine the criteria of the Cryptography Note.

1.3.2.3 Catch-all clause
Under the catch-all clause, items which are not listed in the EU lists may be subject to export control in certain circumstances.

1.3.2.4 Highly sensitive items
Highly sensitive dual-use items may not be exported to any destination, including other EU countries, without an export licence.

1.3.3 Military and paramilitary goods
As listed in the Control of Exports Order 2000, military and paramilitary goods may not be exported, except under licence issued by the DETE. A full list is available on the DETE website:

Military goods subject to export control are listed in the Control of Exports Order 2000. The export of software or technology which is required for the development, production or use of the goods listed in the Order is also subject to export licensing requirements. Transmission of software or technology by electronic means is also subject to export control. These goods can only be exported outside this country - including to other European Union States - if a licence has been obtained from the Department of Enterprise, Trade and Employment.

The Control of Exports Order 2000 does not apply to the export of firearms or their ammunition to other member states of the EU. The export of any goods by the Permanent Defence Forces or the Garda Síochána are also exempt from this order.

It also does not apply to the export of firearms and ammunition couriered or carried by the holder of a valid firearm certificate or authorised by the Garda Síochána Superintendent of the district concerned.

1.3.4 Licences
Goods listed in the Control of Exports Order 2000, S.I. No. 300 of 2000, may not be exported without a licence.
Applications for export licences should be submitted to:
Export Licensing Unit
Department of Enterprise, Trade and Innovation
Lower Hatch St
Dublin 2
Tel. (01) 6312121, ext. 2534/2541 (Help-line)
Lo-Call (if outside the Dublin area): 1890 22022
Fax. (01) 6312562
E Mail: explicence@entemp.ie

Application forms, dual-use and military, are available on their website or from the above address. Application forms are also available at certain Customs Offices. For exports of dual-use items, form Export 1 (Export of Dual-Use items) must be used. For exports of military goods, form Export 2 (Exportof Military Goods) must be used. Special procedures apply in the case of goods subject to control under UN or EU sanctions or the catch-all clause. Completed forms may be returned to the Export Licensing Unit by post, courier, fax or e-mail. They may also be submitted on-line. Exporters of military goods are required to submit end-user certificates with their export licence applications. Exporters of dual-use items may also be asked to provide such a certificate.

1.3.5 Food imitations

Food imitations that could be harmful to children if swallowed may not be exported (Regulation 4 of European Communities (Food Imitations (Safety)) Regulations 1991). Prohibition and/or restriction also apply to the export of waste for disposal or recovery.

1.3.6 Miscellaneous

1.3.6.1 Archaeological objects
The exportation of archaeological objects is prohibited (except under licence issued through the National Museum of Ireland under the National Monuments Acts).

1.3.6.2 Chloroflourocarbons (CFCs)
The export of CFCs halons, and other substances that deplete the ozone layer is prohibited to states which are not party to the Montreal Protocol (Council Regulation (EC) 3093/94).

1.3.6.3 Counterfeit or pirated goods to non-EU States
The owner of a registered trade mark, design right, copyright or neighbouring right may apply to the Revenue Commissioners to have the export or re-export of counterfeit or pirated goods consigned to a non-EU Member State monitored or suspended (Council Regulation (EC) 3295/94).

1.3.6.4 Cultural goods
The exportation of cultural goods outside the Customs territory of the Community is prohibited (except under licence issued through the National Museum of Ireland under the National Monuments Acts).

1.3.6.5 Documents and paintings
The export of documents (except documents wholly in print) which are over 100 years old and those considered and declared to be of national, historical interest, genealogical or literary interest, and paintings, is prohibited (except under licence issued through the National Gallery of Ireland) (Documents and Pictures (Regulation of Exports) Act 1945.

1.3.6.6 Drugs
The export of specified controlled drugs, including narcotic drugs and psychotropic substances is prohibited. Full information is available from:

The Department of Health and Children (Drugs Division), Hawkins House, Dublin 2Tel: 01-635 4000Lo call: 1890 200311
Prohibition and/or restriction also apply to the export of waste for disposal or recovery, radioactive substances, lottery tickets and child pornography.

2 Legislative Basis

2.1 Introduction

Exports from Ireland are governed by the Control of Exports Act 1983 and subsequent Ministerial Orders. Irish legislation was amended most recently in 2000 to reflect the EU system of control for exports of dual-use goods to countries outside the Union. The objectives of the legislation are:

•to prevent the export of weapons of mass destruction;
•to prevent the export of military goods to countries whose behaviour is considered a threat to international peace;
•to comply with sanctions imposed by the UN and the EU on exports to particular countries to bring about a change in their behaviour. The legislation
is summarised below.

2.2 Summary of legislation

2.2.1 EU legislation
•Council Regulation (EC) No. 1334/2000 of 22 June 2000, published in the EUs Official Journal No.L159 of 30 June 2000. This legal instrument establishes a Community regime for the control of exports of dual-use items and technology.

•Council Regulation (EC) No. 2889/2000 of 22 June 2000, published in the EUs Official Journal No.L336 of 30 December 2000. This legal instrument amends Annex II and Annex IV of Council Regulation (EC) No. 1334/2000.

•Council Regulation (EC) No. 458/2001 of 22 June 2000, published in the EUs Official Journal No. L65of 7 March 2001. This legal instrument amends Annex I of Council Regulation (EC) No. 1334/2000.

2.2.2 Irish legislation
•Control of Exports Act 1983 (no. 35 of 1983) and Control of Exports Order 2000 (S.I. No. 300 of2000). The Control of Exports Order was made under the Control of Exports Act and lists the military and paramilitary items which are subject to export licensing requirements.
•European Communities (Control of Exports of Dual-Use Goods) Regulations 2000 were introduced to provide for breach of the EU Regulation regarding the control of exports of dual-use goods.
•Customs Act 1956. This Act empowers Customs and Excise officers to enforce export and import controls.

3 Trade Sanctions

3.1 Introduction

Trade sanctions are increasingly used by the international Community in order to exert influence on issues of international concern. The DETE is the principal government department involved in the co-ordination and implementation of the various measures involved. For information on financial restrictions, such as those on the transfer of capital, the Central Bank of Ireland is the relevant authority. Information on freight restrictions may be obtained from the Aviation Regulation and International Relations Division of the Department of Public Enterprise. The following is a listing of countries subject to sanction on:

•non-arms goods and services ;
•on arms exports .

3.2 Further information
The full texts of the relevant EU Council Decisions, detailed lists of goods and latest developments are available on the DETE website:
Website: www.entemp.ie/export .

4 Penalties
Stiff penalties are prescribed in Irish law for failure to comply with the terms of EU and national legislation on controlled goods, as follows:
• a fine not exceeding 12,500 or three times the value of the goods, whichever is the greater, and/or imprisonment for a term not exceeding two years,
may be imposed for a breach of the Control of Exports Act 1983. This penalty may be applied in circumstances where false or misleading
information was provided for the purpose of obtaining an export licence;
• a fine not exceeding 1,900 and/or imprisonment not exceeding 12 months may be imposed for a breach of the European Communities (Control of
Exports of Dual-Use Goods) Regulations 2000 (S.I.No. 317 of 2000). Similar penalties are prescribed for failure to comply with the terms of UN/
EU sanctions.
•a fine not exceeding 125 or three times the value of the goods may be imposed under the Customs Act 1956 if dual-use or military goods are
exported without a licence.
•a person who contravenes Article 4, 5, 6, 7 or 8 of Council Regulation (EC) No. 467/2001 as amended by Commission Regulation 1354/2001 (Prohibition of the Export of Certain Goods and Services to Afghanistan and Strengthening of the Flight Ban) shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding 1,900 or imprisonment for a term not exceeding six months or both.
• a person who contravenes Regulation 2 of Council Regulation (EC) No. 1146/2001 (Introducing Certain Restrictive Measures in respect of Liberia) is guilty of an offence and shall be liable, on summary convection, to a fine not exceeding 1,900 or imprisonment for a term not exceeding 3months or both.